Free Redacted Document - District Court of Delaware - Delaware

Case 1 :05-cv-00346-SLR Document 1 12 Filed 05/10/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MOBIUS MANAGEMENT SYSTEMS, INC., :
Piamurg Q
v. C.A. No. 05-346 SLR
ACARTUS, INC., and EMC CORPORATION REDACTED
: PUBLIC VERSION
Defendant. :
APPENDIX OF EXHIBITS TO PLAINTIFF’S MEMORANDUM IN
- OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
gYOLUME I oflyg
PROCTOR HEYMAN LLP
Kurt M. Heyman (#3054)
E-mail: kheyma11(Q),proctorheyman.com
Patricia L. Enerio (#3728) ·
E-mail: penerio@proctorheymancom
1116 West Street
Wilmington, DE 19801
(302) 472-7300
Attorneys for Plaintiff
Mobius Management Systems, Inc.
OF COUNSEL:
KRAMER LEVIN NAFTALIS & FRANKEL LLP
Jonathan M. Wagner
Marjorie E. Sheldon
1177 Avenue of the Americas
New York, New York 10036
(212) 715-9100
Dated: May 3, 2007
Confidential Version Filed: May 3, 2007
Redacted Public Version Filed: May 10, 2007

Case 1:05-cv-00346-SLR Document 112 Filed 05/10/2007 V Page 2 of 4
TABLE OF CONTENTS
EXHIBIT DESCRIPTION
1 Excerpts from Deposition of Jeffrey Cowen, dated January 17, 2007
2 Excerpts from Deposition of David DeWalt, dated February 1, 2007
3 Excerpts from Deposition of Norman C. Dugas, Jr., dated January 18, 2007
4 Excerpts from Deposition of Fidel Figueroa, dated January 21, 2007
5 Excerpts from Deposition of Bradley Florin, dated January 10, 2007
u Excerpts from Deposition of James A. Perkins, dated December 20, 2006
7 Excerpts from Deposition of Bob Raicer, dated February 6, 2007
n Excerpts from Deposition of Myron O. Rogers, dated January 23, 2007
E Excerpts from Deposition of Steven Sorich, dated October 19, 2006
10 Excerpts from Deposition of Mark Stephens, dated January 30, 2007
11 Excerpts from Deposition of Randall Stigall, dated November 2, 2006
12 Excerpts from Deposition of Brad Teed, dated October 24, 2006
13 Excerpts from Deposition of Stephen E. Tonchen, dated March 22, 2007
14 Excerpts from Deposition of Myron Zimmerman, dated March 29, 2007
15 E-mail from Jim Perkins to Mark Stephens, dated March 23, 2005
16 Nondisclosure Agreement between Acartus and The Cincimiati Insurance
Company
17 l;§m2agl)grom Jeff Cowen to Brant Henne, et al., "RE: Kill Mobius," dated January
18 Promotional Sheet for ApertureONE Mobius DAF Export Utility
19 E-mail from Jeff Spitulnik to Brad Florin, dated April 6, 2006, w/attached e-mail
chain
20 ll;/gcglgius DAF Format Reverse Engineering Procedure, Acartus Technical White

Case 1:05-cv-00346-SLR Document 112 Filed 05/10/2007 Page 3 of 4
Table of Contents gc0nt’d[
EXHIBIT DESCRIPTION
21 E-mail from Brad Florin to Randall Stigall et al; re: Acartus site visit, dated
January 24, 2005
22 E-mail from Jim Perkins to Brad Florin re: CinF in Status, dated January 25, 2005
23 E-mail from Nick Wozniak to Mark Stephens, dated March 15, 2005
24 E-mail from Fidel Figueroa to Rajesh Radhakrishinan Re: Topics & Related
Indexes, dated August 3, 2005
25 Mobius Code of Ethics and Business Conduct Acknowledgement, signed by Jeff
Cowen, dated May 17, 2004
26 Letter agreement between Mobius and Jeffrey Cowen, dated September 27, 2004
27 Mobius marketing presentation in connection with 2004 world sales meeting
28 Mobius marketing presentation, dated July 15, 2004
29 Mobius marketing presentation, dated July 16, 2004
3 0 E-mail from Jeff Cowen to Brad Florin forwarding Mobius marketing
presentations, dated February 12, 2005
31 Email from Jeff Cowen to Brant Henne, et al. Re "Kill Mobius" attaching slide
titled "Mobius weakness"
32 E-mail from David DeWalt to Brad Florin, dated September 7, 2005
33 E-mail from Jeff Cowen to Jim Perkins and Mark Stephens, dated May 9, 2005
E-mail from Jeff Cowen to Brad Florin re: iProfile Contact List, dated October
34
13, 2004
35 EMC Invoice to FedEx, dated March 6, 2006
36 E-mail from Brad Florin to Joseph Walton re: Discover, dated April 5, 2006
37 Expert Report of Steven R. Kursh, dated February 9, 2007
38 Mobius IANA filing for .DAF, dated Jtme 14, 1999
39 Excerpts from Microsoft Computer Dictionary
ii

Case 1:05-cv-00346-SLR Document 112 Filed 05/10/2007 Page 4 of 4
Table of Contents {cont’d[
EXHIBIT DESCRIPTION
40 E-mail from Brad Florin to Matthias F esl and Jim Perkins, dated December 15,
2004
41 Real Vision Software Proposal to Daksoft, dated May 28, 2004 _
42 E—mail from Blackhills to Real Vision Software, dated June 29, 2005
43 E-mail from Myron Rogers to Dave Woodring, dated July 6, 2005 _
44 Letter from Randy Lipsitz to Black Hills Corporation, dated June 29, 2005
45 E-mail from David Woodring to Randy Lipsitz, dated July 21, 2005
46 Acartus presentation to Discover
47 Copy of CD containing Mobius World Sales Meeting 2004 Presentations
48 E-mail from Jeff Cowen to Michelle Lewis, dated November 11, 2004
49 E-mail from Randall Stigall to Scott Wright and Brad Teed re: DAF files, dated
January 7, 2005
V 50 E-mail from Fred Krueger to Jeff Cowen re: Mobius DAF files, dated July 11,
2005 ·
51 E-mail from Brad Florin to Matt Younce, et al., dated March 30, 2005
iii